Facts:

The respondent was a customer and account holder with the appellant bank. Sometime between 12th July, 2009 to 13th July, 2009, the respondent received notice of fifty-seven (57) unusual withdrawals to the tune of N907,000.00 (Nine Hundred and Seven Thousand Naira), from his bank account with the appellant. The unauthorized withdrawals were carried out using an Automated Teller Machine (ATM). As a result, the respondent approached the appellant to ascertain why it allowed such unauthorized withdrawals from his account.
However, the appellant denied culpability and insisted that the withdrawals were carried out using the Automated Teller Machine (ATM) card belonging to the respondent and this meant that he clearly authorized such withdrawals, as each ATM card had a personalized PIN which was secret and personal to the respondent only. Dissatisfied with the reasons given by the appellant, the respondent filed a suit against the appellant at the Lagos State High Court. While trial was ongoing, the appellant applied to call an additional witness, which was granted, however, the court later reversed itself and refused the application. Dissatisfied with the ruling of the trial court, the appellant appealed to the Court of Appeal.
One of the issues for the determination of the appeal was whether the lower court in its ruling denied the appellant of its constitutional right to fair hearing.